Jignesh Pravinchandra Mehta And ORS v. The State Of Maharashtra And ANR

rsk 5-Wp-2690-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2690 OF 2025 Jignesh Pravinchandra Mehta & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Vaibhav Parab for Petitioners.

Mr. Kiran C. Shinde, A.P.P. for Respondent No.1-State. Mr. Ameet Mehta, Ms. Sheetal Pandya, Ms. Sakshi Gandhi for Respondent No.2.

Mrs. Vaishali Mehta- Respondent No.2 present. Mr. Bajrang Desai, Samta Nagar Police Station. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 17th June 2025.

P. C. :

1) Petitioners i.e. husband, father-in-law, mother-in-law and sisterin-law, respectively of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India, for quashing of C. C. Nos.1864/PW/2015 and 3091/PW/2016 pending on the file of learned Judicial Magistrate First Class 17th Court, Borivali, Mumbai arising out of C. R. No.46 of 2015 registered with Samtanagar Police Station for the offences punishable under Sections 498(A), 406, 504, 506 read with 34 of the Indian 1/2

rsk 5-Wp-2690-2025.doc Penal Code, with the consent of Respondent No.2,informant. 2) Learned Advocate for Petitioners submitted that, Petitioners and Respondent have amicably settled their disputes and differences and have filed Petition for Divorce by mutual consent in Family Court, Bandra, Mumbai. The amount mentioned in the said proceedings i.e. Rs. 7 lakhs has already been deposited in the Family Court, Bandra, Mumbai. He therefore prayed that, the said criminal proceedings be quashed with the consent of Respondent No.2.

3) Learned Advocate appearing for Respondent No.2 tendered across the Bar her Affidavit dated 9th June 2025, duly affirmed before a Notary Public. Same is taken on record. In paragraph 8 thereof Respondent No.2 has admitted the fact of amicable settlement between the parties and that she is not interested in proceeding with crime registered by her against Petitioners. Respondent No.2 has given her consent to quash the crime and cases mentioned hereinabove.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of Affidavit dated 9th June 2025 and her 'No Objection' for quashing of said crime.

4) In view of the above, Petition is allowed in terms of prayer clause (b).

( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 2/2